304:0

(Adopted by reference and made a part of this ordinance as if fully set forth herein.)

Proposed Ordinance No. 24/03

ORDINANCE NO. 1325

AN ORDINANCE AMENDING SECTION 304 WHICH ADOPTED THE MINNESOTA UNIFORM FIRE CODE, OF CHAPTER III ENTITLED 'CONSTRUCTION, SIGNS, SUBDIVISIONS AND ZONING" OF THE 1992 ORDINANCE CODE OF THE CITY OF OWATONNA, TO ADOPT THE 2003 MINNESOTA STATE FIRE CODE.

THE CITY COUNCIL OF THE CITY OF OWATONNA DO ORDAIN:

SECTION 1. Section 304 which adopted the Minnesota Uniform Fire Code, of Chapter III entitled 'Construction, Signs, Subdivisions and Zoning" of the 1992 Ordinance Code of the City of Owatonna, is amended and restated to read as follows:

Section 304:00. 2003 Minnesota State Fire Code; Adoption. The 2003 Minnesota State Fire Code (MSFC), as adopted pursuant to Minnesota Statutes 299F.011, is hereby adopted as the fire code for the city for the purpose of prescribing regulations governing conditions hazardous to life or property from fire, hazardous materials, or explosion. The provisions of the MSFC except as modified or amended by this ordinance are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. One copy of this code shall be marked as the official copy and shall be on file in the Office of the City Clerk.

Section 304:05. Definitions.

(a) Wherever the word 'jurisdiction" is used in the Minnesota State Fire Code, it shall mean the City of Owatonna.

(b) Whenever the term 'this code" is used in the Minnesota State Fire Code or this ordinance, it shall mean the code adopted pursuant to this ordinance.

Section 304:10. Enforcement.

(a) The chief of the fire department serving the City of Owatonna or the chief's representatives are authorized to administer and enforce the provisions of this ordinance.

(b) The chief of the fire department may detail such members of the fire department as may be necessary to administer and enforce the provisions of this ordinance.

Section 304:15. Permits Required. A permit shall be obtained from the chief of the fire department prior to engaging in any activities, operations, practices, or functions listed hereafter in this Ordinance. The fees for such permits shall be in an amount established by the City Council, from time to time.

Section 304:20. Appeals. Pursuant to Minn. Stat 299F.011, subd. 5a, there is hereby continued as heretofore established a fire code board of appeals. The board of appeals shall consist of the five members nominated by the Mayor and confirmed and appointed by the City Council. The chief of the fire department or the chief's designated representative shall serve as an ex-officio member in addition to the five members. The board of appeals shall consider issues related to disapproval of an application for permit issuance, claims of misapplication or misinterpretation of the code, or requests for variances from orders issued under this code. Requests for appeals shall be made within 30 days of the date of decision of the chief or issuance of orders.

Section 304:25. Penalties.

(a) Any person who violates any of the provisions of this code, or builds in violation of any certificate or permit issued under this code, or builds in violation of plans or detailed statement of specifications submitted and approved under this code, and from which no appeal has been taken, or who fails to timely comply with an order affirmed or modified by the City Council or by a court of competent jurisdiction, for each violation shall severally be guilty of a misdemeanor punishable by a fine and/or by imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

(b) The City's remedies hereunder are cumulative and the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by a civil action seeking injunctive relief or other lawful means in such case made and provided.

Section 304:30. Repeal Of Conflicting Ordinances. The following sections of Ordinance No. 1079 are superseded and are hereby repealed:

Sections 304:00, 304:05, 304:10, 304:15.

Section 304:35. Validity. The City Council hereby declares that should any section, paragraph, sentence or word of this ordinance or code herein adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of any such section as may be declared invalid.

Section 304.40. Sprinkler Permit. No person shall install or modify an automatic fire sprinkler or automatic fire chemical extinguishing system within the City of Owatonna without first obtaining a Special Fire Department Permit from the Fire Chief of the Fire Department or his designee. eff. 9/4/01

Section 304.45. Alarm Permit. No person shall install or modify an automatic fire alarm system within the City of Owatonna without first obtaining a Special Fire Department Permit from the Fire Chief of the Fire Department or his designee. eff. 9/4/01

Section 304.50. Licensed Contractors. All such installations or modifications shall be performed by contractors properly licensed under Minnesota Rule 7512 and 7105 and Minn. Stat. 326.2421 or as may be required by any other governmental agency. Proof of valid licensure or certification shall accompany all applications for a permit. eff. 9/4/01

Section 304.55. Fees - Special Fire Department Permit Fees. Fees for each permit shall be charged to perform necessary plan reviews and field inspections of affected installations. Permit fees shall be the actual cost of the labor and components of the fire protection system multiplied by .02 or a minimum of $25.00. When applying for the permit, the contractor shall pay an estimated fee based on the estimated cost of the project. If the actual cost of the project is greater than the estimated cost, the contractor shall pay any additional fee amount before the final acceptance test. It is the contractor's responsibility to submit all required surcharge fees due to the Commissioner of Public Safety directly to the Commissioner. eff. 9/4/01

Section 304.60. Work without a Permit. When substantial work on installations subject to this subdivision is determined to have been commenced without benefit of the required Special Fire Department Permit and associated plan reviewal, a special inspection of the site by a Fire Department inspector shall be made and determined by the Fire Chief before a permit may be issued for that installation. A special inspection fee of $100.00 shall be charged in addition to the permit fee. eff. 9/4/01

SECTION 2. Effective Date. This ordinance becomes effective from and after its passage and publication.

Passed and adopted this 5th day of August, 2003, with the following vote: Aye 5; No 0; Absent 2. Approved and signed this 5th day of August, 2003.